InnovaCounsel Blog

Author Archives: Stuart Blake

Freedom Isn't Free

My wife and I attended a Memorial Day ceremony this morning. The local Veterans of Foreign Wars chapter conducted the program. The keynote speakers were a Marine Lt. Colonel from Camp Pendleton and a 92 year old man who commanded … Continue reading

Posted in Liberty | 128 Comments

50 Tips on Business Litigation Coverage That Every Risk Manager Wants to Know

As I mentioned in my previous post, I served on a panel at at the Risk and Insurance Management Society’s 2008 Annual Conference on 4/30/08. The program was titled: “50 Tips on Business Litigation Coverage That Every Risk Manager Wants … Continue reading

Posted in Risk Management | 164 Comments

Michael Oswald to Speak on Panel at RIMS 2008 Annual Conference

I am going to serve as a panelist on a program at the Risk and Insurance Management Society’s 2008 Annual Conference in San Diego on Wednesday, 4/30/08. The program is titled: “50 Tips on Business Litigation Coverage That Every Risk … Continue reading

Posted in Risk Management | Leave a comment

Some Rights Can't Be Waived in Separation Agreements.

In this Legal Update from Jackson Lewis http://www.jacksonlewis.com/legalupdates/article.cfm?aid=1263, we learn that: “A California appellate court has ruled that a broad employment severance agreement, including a release of claims under “any other federal or state law,” was unenforceable under the Uniformed … Continue reading

Posted in Employment | Leave a comment

Managing the Risks of "Comp Time"

My friend Barrie Gross, an employment and human resources expert in San Francisco, has written an article http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/01/23/BU78UJP1I.DTL for the San Francisco Chronicle that gives employers good guidance on the tricky subject of Compensatory Time Off (known as “Comp Time” … Continue reading

Posted in Employment | Leave a comment

Attorney Fees

Can a defendant recover attorneys’ fees under an attorney fee provision in a contract if the plaintiff voluntarily dismisses the lawsuit without a settlement? The Fourth Appellate District Court of Appeal answered no in a recent case, Mitchell Land and … Continue reading

Posted in Litigation | Leave a comment

Did Barry Bonds Lie, or Does it Just Look That Way?

I grew up in the San Francisco Bay Area when Barry Bonds’ father, Bobby, was playing for the SF Giants. Bobby and his teammates, including legends such as Willie Mays (Barry’s Godfather) and Willie McCovey, were great sportsmen. I can’t … Continue reading

Posted in Fundamentals | 133 Comments

The Overburdened CFO

A recent white paper from Tatum, LLC describes today’s CFO as being under “intensifying performance pressure”, at “high risk, and with a job “virtually impossible for one person to do”. In the face of these ever growing burdens, Tatum calls … Continue reading

Posted in In-house Counsel | Tagged , | 132 Comments

Are Employment Arbitration Agreements Dead Yet?

Gregory Valenza of Shaw Valenza thinks so. I agree. In his review of the California Supreme Court decision Gentry v. Superior Court in the Los Angeles Daily Journal (LADJ) September 21, 2007, he notes that pre-dispute arbitration agreements are now … Continue reading

Posted in Employment | 177 Comments

Amending On-line Contracts

Contracts that are formed on-line (e.g., by clicking “I Accept”) have long been held to be legally enforceable. Some of those on-line terms and conditions purport to give the on-line business the unilateral right to amend those Ts & Cs. … Continue reading

Posted in Uncategorized | Leave a comment